Three Laurel Gardens gas spill lawsuits settled

Three lawsuits filed by individuals affected by a gas spill in the Laurel Gardens neighborhood were settled out of court Monday, just as jury selection for the gas spill case was to begin.

The settlement offers, reached with defendants Exxon Mobil and Pipeline Petroleum, could set the pace for the almost 300 remaining cases filed in Luzerne County Court by more than 1,100 plaintiffs in the nearly nine-year-old case. Many plaintiffs claim they were sickened when oil spilled in a 12- to 20-block area of the development in Hazleton and Hazle Township from leaking tanks at the former Tranguch Tire and Service Station, North Church Street.

Attorneys for the plaintiffs, including Michael B. Leh, managing partner, and Jonathan Miller, both of the Locks Law Firm, Philadelphia; and co-counsel Al Anthony of Wilentz, Goldman and Spitzer, Woodbridge, N.J., did not disclose any terms of the offer based on discussions with defendants. The identities and number of plaintiffs in the three lawsuits were also not disclosed. The attorneys called the offer "fair" and said terms will be released as the trial progresses.

"We are very pleased that after nearly nine years of litigation, we have resolved the first of the cases arising out of the Laurel Gardens gasoline spill," Leh said. "We hope someday to resolve all of the cases, but we believe the settlements achieved in these three cases are very fair. Each of the victims had an individual case, and is entitled to make their own decisions of how to proceed."

The attorneys, however, are prepared to try the case against Exxon Mobil - and "expect to do so in the future," he said.

Several plaintiffs at the courthouse Monday declined comment; Exxon Mobil also declined comment.

Judge Joseph Musto, who was appointed to the case in July, announced to prospective jurors around noon that the cases had been settled.

"I personally preside over a case that looked like it would going to last between four and six weeks until today," he said. "I'm happy to announce the case has been resolved."

After thanking jurors for their service, Musto commended those involved in the case for their cooperation.

"A lot has been accomplished over the past three months," he said.

And while his duties prevented him from disclosing any details of the case or the offer, he said he believes the settlement would serve as a "template of how to get the cases moving."

"I think it's going to provide a process to move quickly," he said.

Lawsuits seek compensation for injuries, property damage and medical monitoring. Some plaintiffs have blamed the spill, which was first detected in 1993, for causing illnesses such as cancer and leukemia. The trial would look at who is responsible for the spill and whether the contamination is to blame for the illnesses.

Settlements were previously reached with plaintiffs by former defendants including the BP Corporation of North America and Texaco, Inc.

jwhalen@standardspeaker.com, 570-455-3636

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